School vacation visitation and birthday

[KimClark]

Jurisdiction

Texas

How

 

[army judge]

How

How, me be peaceful. Cowabunga

 

[hrforme]

Now brown cow?

 

[zddoodah]

How you doin'?

 

[KimClark]

We've got some funny lawyers on here. Ok, so my question is this: non custodial gets holiday time starting Dec. 28th at noon. Teenagers birthday is 29th. Teen wants to stay home w friends on Bday like siblings got too and go the 30th instead. Non custodial parent is fighting this. Decree wording on this is confusing.

 

[zddoodah]

Ok, so my question is this

You didn't actually ask a question....

non custodial gets holiday time starting Dec. 28th at noon.

Until when?

Teen wants to stay home w friends on Bday like siblings got too and go the 30th instead. Non custodial parent is fighting this. Decree wording on this is confusing.

If you want to quote the relevant provisions in the divorce decree or custody order, we can try and help you make sense of it. Beyond that, all anyone can really tell you is that the child doesn't get a say in the matter. Why can't the kid do his party at the NCP's residence?

 

[army judge]

We've got some funny lawyers on here. Ok, so my question is this: non custodial gets holiday time starting Dec. 28th at noon. Teenagers birthday is 29th. Teen wants to stay home w friends on Bday like siblings got too and go the 30th instead. Non custodial parent is fighting this. Decree wording on this is confusing.

Simple, if the other parent agrees to the change, put it in writing, date and sign it by BOTH parties, and keep it for your records.

If the other party disagrees with the change, you and he MUST obey the existing order.

The order can't be changed because the minor child wants it to be changed.

A minor child has no say in any legal matter, that includes your custody order.

If the child contacts the other parent, provides a clear, concise explanation, makes a clear concise request for the exception, this change might be acceptable to the other parent.

Again, if that is agreed to between the child and parent, put it in writing, get it signed and dated by both parties, indicate that the exception was allowed to satisfy a REQUEST made by the minor child.

Keep the document for your records.

If the other parent says NO, again, YOU and he must obey the order.

A custody ORDER is a court issued order.

It isn't a request, it is an order.

If someone violates a court order, they need to understand that there will be consequences.

 

[txls]

The teen can always celebrate his birthday with friends on a different day. Not worth fighting over.

 

[mightymoose]

Early party at home. Problem solved.

 

[cynthiag]

Early party at home. Problem solved.

Agreed. There's no rule that says that birthdays can only be celebrated on the exact date. In fact, I remember often having my kids' parties on different dates than their actual birthday, and that seems to be how it almost always works out for my grandkids. The kids have never minded, as long as they get to celebrate their birthday, and sometimes it makes more sense to do it that way. It makes a lot more sense to me than rocking the boat with the custody/visitation agreement.

 

[leslie82]

We've got some funny lawyers on here. Ok, so my question is this: non custodial gets holiday time starting Dec. 28th at noon. Teenagers birthday is 29th. Teen wants to stay home w friends on Bday like siblings got too and go the 30th instead. Non custodial parent is fighting this. Decree wording on this is confusing.

Tell your teenager to suck it up and he or she is going to the other parent's because it's the other parent's time. You can have birthday parties any time. My daughter never has had a party on her birthday; it's always a week later. He or she can hang out with friends any time.